Murder victim's family stunned by another delay

Friday

Feb 8, 2013 at 12:01 AMFeb 8, 2013 at 7:18 AM

Family members still grieving over the violent death of 25-year-old Charles Spivey outside a family party in January 2011 expected two of the three men accused of his murder to be sentenced Friday to prison time.

Jeff Kolkey

Family members still grieving over the violent death of 25-year-old Charles Spivey outside a family party in January 2011 expected two of the three men accused of his murder to be sentenced Friday to prison time.
Instead, the family members who gathered at the Winnebago County Criminal Justice Center Friday morning were stunned to learn sentencing was delayed.
“We constantly come back and forth down here when it’s supposed to be time for something to be happening and for it to finally be over, and it’s always delayed or canceled,” said Alexandria Spivey, Charles Spivey’s sister. “It’s frustrating.”
Paperwork needed for Judge Patrick Heaslip to sentence Antwan T. Maxey on felony charges of fleeing from police was incomplete and scentencing was rescheduled to Feb. 27. Sentencing for Lamont A. Cole, who was convicted of first degree murder before Judge Ronald White, was delayed to allow his lawyer time to file post-trial motions.
Maxey pled guilty to new charges last month that he ran from police when they attempted to arrest him in May 2011 for Spivey’s murder. Those murder charges were dropped on a technicality Jan. 20, 2012, a ruling Winnebago County prosecutors are appealing.
Maxey, however, was never released and was held for nine months on a parole violation. Just before he was to be set free, prosecutors filed the new charges in November and he pled guilty last month. He faces up to six years in prison for aggravated fleeing from police.
Prosecutors want charges that Maxey fired the fatal shot that struck Charles Spivey in the head reinstated. Spivey was driving a white van in a desperate attempt to escape a Jan. 22, 2011 family house party when verbal arguments escalated into gunplay.
Prosecutors said Maxey, Cole and Clifford Horton, who has yet to be brought to trial, turned the 2000 block of Sherman Avenue into a “war zone,” firing more than two dozen rounds.
In court Friday, Maxey complained to Heaslip about the prosecution’s plan to call witnesses at his sentencing which was rescheduled to Feb. 27.

“If there are going to be witnesses, I might as well just go to trial,” Maxey protested, also complaining that his lawyer isn’t listening to his concerns.

Heaslip wished Maxey “good luck.”

Although it was not proven that Cole personally opened fire, he was found guilty Dec. 20 by Judge Ronald White after a lengthy bench trial.
Cole was convicted of felony murder for the death of Spivey, attempted murder of four others who were shot and wounded and the unlawful use of a handgun by a felon. White ruled Cole supported the shooters, making him just as responsible as those who pulled the triggers.
Cole has clashed with White throughout the legal process and has twice attempted to have him replaced. Both attempts have failed. White could sentence Cole to prison Feb. 21.